Unpaid FMLA and Pension Contributions
Kai
30 Posts
I've searched through the archive for an answer to this question and haven't found one. I can't decide what the FMLA regs are saying about the topic, soooo... I'm turning to a group of gurus.
When an employee is on unpaid FMLA leave and not making required contributions to a defined benefit pension plan, how is the time 'counted' for calculation of creditable service? Our pension plan requires employee and employer contributions. Other non-FMLA related periods of unpaid leave do not count toward creditable service.
The regs speak of FMLA leave counting toward continuous service for vesting and eligiblity determinations, but in my mind, that is different from determining the length of creditable service.
Does anyone else have wisdom on this topic?
When an employee is on unpaid FMLA leave and not making required contributions to a defined benefit pension plan, how is the time 'counted' for calculation of creditable service? Our pension plan requires employee and employer contributions. Other non-FMLA related periods of unpaid leave do not count toward creditable service.
The regs speak of FMLA leave counting toward continuous service for vesting and eligiblity determinations, but in my mind, that is different from determining the length of creditable service.
Does anyone else have wisdom on this topic?
Comments
Al Vreeland
Editor, Alabama Employment Law Letter
Lehr Middlebrooks Price & Vreeland, P.C.